R-02-07-25-14F5 - 7/25/2002RESOLUTION NO. R- 02- 07- 25 -14F5
WHEREAS, the Round Rock Transportation System Development
Corporation wishes to enter into an Agreement to Contribute Funds with
the Texas Department of Transportation for the relocation of utilities
for a highway project on US 79 from east of FM 1460 to west of FM 1460
more specifically described as from C.R. 195 to 1500' west of FM 1460
as shown on the attached Exhibit "B ", and
WHEREAS, the City Council wishes to approve of such action, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby approves the action of the Round Rock
Transportation System Development Corporation in entering into an
Agreement to Contribute Funds with the Texas Department of
Transportation for a highway project on US 79 as described above, a
copy of said agreement attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
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ATTEST:
RESOLVED this 25th day of July, 2002.
OitAttl±un.uet
CHRISTINE R. MARTINEZ, City Secreta
2
NYLE . WELL, Mayor
City of Round Rock, Texas
Y
Form ROW -RM -129
(Replaces Form ROW -RM -129 and ROW -RM -130)
Rev. 9/2001
(GSD -EPC Word 97)
Page 1 of 2
County: Williamson Federal Project No: NA ROW CSJ No: 0204 -01 -055
ROW Account No: 8014 -2 -29 Highway: US 79
This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation,
hereinafter called the State, and the Round Rock Transportation Development Corporation, a public instrumentality and non-
profit development corporation under the Development Corporation Act of 1979, as amended, Article 5190.6, V.A.C.S.,
Section 4B, as amended, acting by and through its duly authorized officers pursuant to a resolution dated the 25 day of
October, 2001 and approved by the City Council of Round Rock, Texas by a resolution dated the 25 day of October 2001,
hereinafter called the Corporation, shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the State and the Corporation hereby agree to enter into a contractual agreement to acquire right of way for a
highway project on US 79 with the following project limits:
From: East of FM 1460
To: West of FM 1460; and
AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT
WHEREAS, the Corporation requests that the State assume responsibility for relocation of all eligible utility relocations for
said highway project; and
WHEREAS, the Corporation desires to voluntarily contribute to the State funding participation as defined in 43 TAC,
§ 15.55 for the cost of eligible utility relocations for the proper improvement of the State Highway System;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the
Corporation shall contribute to the State an amount equal to ten percent (10 %) of the cost of eligible utility relocations by
the State and shall transmit to the State with the return of this agreement, duly executed by the Corporation, a warrant or
check payable to the Texas Department of Transportation in the amount of Thirty- Thousand Dollars ($30,000.00), which
represents ten percent (10 %) of Three- hundred - thousand Dollars ($300,000.00), the estimated total cost of eligible utility
adjustments. If however, it is found that this amount is insufficient to pay the Corporation's obligation, then the
Corporation will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the
State such supplemental amount as is requested. Upon completion of the highway project and in the event the total amount
as paid by the Corporation is more than ten percent (10 %) of the actual cost of eligible utility relocations, any excess amount
will be returned to the Corporation by the State.
EXHIBIT
„A„
Form ROW -RM -129
(Replaces Form ROW-AM-129 and ROW -RM -130)
Rev. 9/2001
(GSD -EPC Word 97)
Page 2 of 2
In the event any existing, future, or proposed City of Round Rock ordinance, commissioners court order, rule, policy, or
other directive, including but not limited to those concerning outdoor advertising, are more restrictive than State law, policy,
or directive, and thereby result in any increased costs, then the Corporation will pay one hundred percent (100%) of all such
increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased
costs associated with the existing, future, or proposed City of Round Rock ordinance, order, rule, policy, or other directive
will be determined by the State at its sole discretion.
Round Rock Transportation System Development Corporation
By:
Name:
Title:
Date:
EXECUTION RECOMMENDED:
District Engineer, Austin District
THE STATE OF TEXAS
Executed and approved for the Texas Transportation
Commission for the purpose and effect of activating
and/or carrying out the orders, established policies or
work programs heretofore approved and authorized
by the Texas Transportation Commission.
By:
John P. Campbell, P.E.
Right of Way Division Director
Date:
c 3 ;. -I TVrl�jl
` '.St1r ✓
US 79 From FM 1460 to CR 195
EXHIBIT
11
bo nd R
`J 5
DATE: July 19, 2002
SUBJECT: City Council Meeting — July 25, 2002
Resource: Jim Nuse, Chief of Operations /Assistant City Manager
Tom Word, Director of Transportation Services
Outside Resources: Texas Department of Transportation
Impact/Benefit: Improved local and regional mobility.
Public Comment: N/A
Sponsor: N/A
ITEM: 14.F.5. Consider a resolution approving the action of the Round Rock
Transportation System Development Corporation to enter into an
Agreement to Contribute Funds with the Texas Department of
Transportation for a highway project on US 79.
History: On July 25, 2002, the Round Rock Transportation System Development
Corporation entered into a Funding Agreement with the State of Texas in which
the Corporation agreed to pay 10% of the eligible costs associated with relocating
and adjusting utilities for the proposed US 79 Road project. This expenditure is
also included in the Corporation's currently approved Transportation Capital
Improvement Program. In the agreement, the Texas Department of
Transportation is responsible for the management of the utility adjustments on US
79 from east of FM1460 to west of FM1460 and payment of adjustment costs for
the Corporation. The initial contribution of $30,000 is based on TxDOT's current
cost estimates for the relocations in the amount of $300,000.
Funding:
Cost: $ 30,000
Source of funds: Round Rock Transportation System Development Corporation